HUMAN RIGHTS, ACTUARIAL CRIMINAL POLICY AND THE SELECTIVE PREDICTION OF "RISK GROUPS"

TOWARDS THE PROMISED ELYSIUM?

Abstract

The Actuarial Criminal Policy appears as a set of practices that aim to solve the phenomenon of crime supported by economic logic. Since its implementation in some countries, there is a hazy space for protecting the fundamental guarantees of citizens, which are increasingly being scrutinized (electronic monitoring, biometric, genetic data, etc.). In this sense, the guiding problem of this article can be summarized as follows: the advent of actuarial criminal policy represents a tension between the model of criminal prosecution based on the fundamental guarantees of the accused, Based on the idea of selective (and prospective) incapacitation of "risk groups"? To answer the question, the article analyzes, at first, the fundamentals of actuarial criminal policy; In a second moment, it is sought to understand the tension between efficiency versus freedom that is part of the actuarial model, in order to show that the actuarial logic underlies the possibility of an efficient control of social groups of "risk", characteristic of a model Of Criminal Law of author, in opposition to the assumptions that should govern the repressive action of the State in an environment of Democratic State of Right. For the construction of the present research the phenomenological "method" was used. With regard to the research technique, we opted for the use of bibliographical research, as well as for film analysis.